Possible Error in Medical Retirement.

reliableinfluence

PEB Forum Regular Member
Registered Member
Hi, everyone. I am new here, but I have a few questions regarding a situation. It is kind of complicated, so please bear with me on explaining a few of the details. I joined the Marine Corps in 2010 and in the winter of 2012, I became depressed due to work and relationship reasons (I found out my girlfriend of two years at the time was cheating on me and my platoon sergeant told me he was going to "end my career" because although I ran a first class PFT and CFT, I was not fast, so he started giving me bs negative counselings daily for things such as "having a monotone voice" to build up 'bad paperwork' to help his case). My higher leadership recognized it was a bad environment to be in, so I was moved to a different unit and I was put on antidepressants. I became suicidal in the beginning of 2013 and attempted suicide (which I believe to be a reaction to the medication) and was hospitalized. Midway through 2013, I was moved out of my MOS due to my security clearance needing to be reviewed, and was found to be fit to keep my clearance and returned to my MOS. But not before a MEB was started.

In 2014, I was medically retired from the USMC. I was found unfit for duty for an ankle sprain, knee tendinitis, a wrist sprain, a back strain, as well as depressive disorder NOS and borderline personality disorder. While I was undergoing the MEB process I met consistently with a counselor who told me he did not understand how or why someone would determine I was borderline. At the time I was also struggling with gender identity disorder, which my original psychiatrist knew, so he told me if I did not accept the medical discharge for depression and borderline, I would be administratively discharged for being transgender anyhow and not receive benefits upon leaving the military. I did not know any better, and still don't know if this is true, but suffice it to say I did not fight any step of the way--from MEB to PEB to medical retirement, I signed and agreed to everything they put in front of me.

My questions start because if we know I am not borderline, how ethical was this decision to tell me to go along with everything? I looked through my PEB paperwork a week ago and found a letter I did not write and had never read, but it was signed by me (most likely in my period of "just go with it"). In short, it stated my desire to leave the Marine Corps and stated that I was unable and unqualified to perform my job, maintain physical fitness, or more importantly handle weapons. This does not make sense to me because not only did I perform my job during this period, I got high pros/cons, ran a first class PFT and CFT, intermediate swim qualified, shot expert on the rifle range, and completed many MCIs and a few education courses. The claims just do not seem backed by the evidence. And if that is the case, how could any of those conditions be unfitting?

I know this seems backwards to even imply, but I don't believe I should have been medically retired, especially permanently. I don't believe I am permanently disabled, and neither do the VA doctors I see. Since I got out of the military, I have been going to school and maintaining a high GPA, I work in a competitive hospital internship, volunteer at another hospital, volunteer with a humanitarian relief organization, and am a part of a scientific research program partnership with two colleges. I know this does not pertain to my service, but I am offering it as evidence that I can certainly deal with having a job and being under stress.

Should I do anything to address or correct this issue, or leave well enough alone since I am retired? Any and all advice would be greatly appreciated.
 
The perplexing inconsistencies obviously bothers you. My advice is to follow through. If something doesn’t seem right, it isn’t.
FWIW: I agree with your assessment that the drugs had a negative side effect on you and now you’re purging from it you head is clearing. Good on you.
 
I mean... unless you’re trying to get back in the military which is likely impossible anyway regardless of “fixing” it. I’d leave well enough alone.
Hi there, Armymamax3.
I appreciate your input. Do you think I should leave it alone because there could be a possible negative outcome? Or do you believe I would just be wasting peoples' time if I pursued getting it "fixed"?
 
The perplexing inconsistencies obviously bothers you. My advice is to follow through. If something doesn’t seem right, it isn’t.
FWIW: I agree with your assessment that the drugs had a negative side effect on you and now you’re purging from it you head is clearing. Good on you.
Hi, Manmumar.
The inconsistencies do bother me, you're right. Thank you for your input. I don't know if you've ever seen or heard of a case like this, but in your opinion, what do you think could be a/the possible outcome(s) of me following through?
 
Hi there, Armymamax3.
I appreciate your input. Do you think I should leave it alone because there could be a possible negative outcome? Or do you believe I would just be wasting peoples' time if I pursued getting it "fixed"?

That depends on what you consider to be negative I guess but it also in a sense could be a waste of time. Pursuing it might have them open it up and have them push that it was fraud, even if it wasn’t because you DID have those issues then and now you just don’t.
 
What is your end games?
 
What is your end games?
Hi, chaplaincharlie.
I guess I'm not really sure what my end game would be. If it were possible to have the "unfit" findings overturned and allow me to finish my contract, I suppose that would be ideal. I know that's probably unrealistic, though. Mostly, I just don't feel justified in being a "retiree" with conditions that were greatly exaggerated or completely falsified by people around me who may or may not have been trying to "help me out." TDRL with reevaluations would have made the most sense to me, because then they could have seen that the condition did not warrant retirement, and I could have been found "fit." I know the likelihood of them going, "Oh, we made a mistake 5 years ago, you're good" is probably nil, but I guess I just wanted to see what my options are, if I have any. Going through my PEB paperwork, I feel both cheated out of a career and I feel like a liar every time it's discovered that I'm "medically retired." It just doesn't seem right.
 
I agree the odds are small. The BCMR might be able to help. It would probably be among the most odd request they have received.
 
Re: "I agree the odds are small. The BCMR might be able to help. It would probably be among the most odd request they have received."--chaplaincharlie

I echo those remarks. I also think that it is unlikely that you would be allowed to finish your contract.

Ron
 
I figure that it would be next to impossible to state that your medical record is exaggerated with lies, in the end, it will probably strengthen the record of your BPD I hate to sound harsh but that's more than likely the truth. Going to college, interning and volunteering aren't nearly the same as the day to day life in the Marine Corps. They typically do not accept TDRL retirees back because when the SM is put under the same stressful environment they believe you will relapse and then they have to go through the whole MEB/PEB ordeal again so its a risk the services typically never take.
 
I figure that it would be next to impossible to state that your medical record is exaggerated with lies, in the end, it will probably strengthen the record of your BPD I hate to sound harsh but that's more than likely the truth. Going to college, interning and volunteering aren't nearly the same as the day to day life in the Marine Corps. They typically do not accept TDRL retirees back because when the SM is put under the same stressful environment they believe you will relapse and then they have to go through the whole MEB/PEB ordeal again so its a risk the services typically never take.
Hey, oddpedestrian.
No worries about sounding harsh, that's not a problem. I appreciate your input regardless. I would agree that day to day life in the Marine Corps isn't the same as any of those things, but I will say, for me, the Marine Corps was far less stressful than what I do now. That's neither here nor there, though. Also, my diagnosis of BPD was short-lived. As soon as I enrolled in the VA and got assessed, they dropped it--so it's not in my VA records, only my PEB paperwork. Again, thanks for your input, I'll definitely keep it in mind.

chaplaincharlie and RonG,
I agree, it probably is a very strange request that more than likely would go nowhere. I just really don't like the feeling I got from it all. Thanks for your comments as well, it's certainly something to think about. I'm gathering that your advice is to just leave it be since it most likely can't be fixed? At this point, for me, it's more about doing the right thing.
 
Re: “The Right Thing”

I admire your ethical standards. The following is not intended to be facetious or sarcastic.

As stated earlier, your chances of being reinstated are slim.

Some of your concerns are related to being medically retired, although you feel that was inappropriate; albeit you signed certain documents that facilitated that assessment.

If you feel you are not deserving retired pay you could donate any retired pay to charities of your choice and decline other benefits due a retiree. If VA benefits fall into the same category, similar action could be taken for them. This would not resolve your reinstatement situation, but it could ameliorate your ethical dilemma.

Sincerely and good luck,
Ron
 
Re: “The Right Thing”

I admire your ethical standards. The following is not intended to be facetious or sarcastic.

As stated earlier, your chances of being reinstated are slim.

Some of your concerns are related to being medically retired, although you feel that was inappropriate; albeit you signed certain documents that facilitated that assessment.

If you feel you are not deserving retired pay you could donate any retired pay to charities of your choice and decline other benefits due a retiree. If VA benefits fall into the same category, similar action could be taken for them. This would not resolve your reinstatement situation, but it could ameliorate your ethical dilemma.

Sincerely and good luck,
Ron
It would be better if he refused pay vs donation as that renders a tax benefit.

Dollars and cents aside, I say follow your heart. Why should a man live feeling like a fraud when he can do something about it?

The very act of preparing and sending in my BCNR package (request for justice) had a restorative effect on my well being. Although I believe I will get relief, after 16 years I have found I can live without it if I had to.
 
Re: “It would be better if he refused pay vs donation as that renders a tax benefit.”

I would be interested in learning more about the refusal process, particularly the cessation of payments and accounting by DFAS.
I suppose it would include negating the previously submitted DD Form 2656, DATA FOR PAYMENT OF RETIRED PERSONNEL.

I could not locate the laws or regulations that would prescribe the action, and have doubts whether they exist. Perhaps an application for correction to military records to change the retirement to separation would work, but this is so far from the norm and it would likely be denied.

Ron
 
There was a rumor that Cuba refused their $1 rent paid by the US. They simply just “forgot” to cash the checks. Just a rumor I heard. In modern parlance, one would have to tell the bank that the money isn’t theirs (Direct Deposit) and that it should be sent back.

On another note: this is what can happen when someone tries to tip the balance in their favor when it shouldn’t be.

Frankly, I believe the OP is an honest Marine and wants to keep his integrity intact.
 
If he “forgot” to withdraw his pay or did not sign checks, there still would be a government accounting of the entitlement.

No one has suggested that his integrity and ethics are not intact.

Ron
 
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